“commercial motor vehicle” includes a school purposes vehicle but does not include,

(a) a commercial motor vehicle, other than a bus or school purposes vehicle, having a gross weight or registered gross weight of not more than 4,500 kilograms,

(b) an ambulance, a cardiac arrest emergency vehicle, a fire apparatus, a hearse, a casket wagon, a mobile crane, a motor home or a vehicle commonly known as a tow truck,

(c) a commercial motor vehicle operated under a permit and number plates issued under a regulation made under clause 7 (24) (g) or (h) of the Act that is not transporting passengers or goods,

(d) a commercial motor vehicle operated under the authority of an In-Transit permit issued under Regulation 628 of the Revised Regulations of Ontario, 1990 (Vehicle Permits) made under the Act,

(e) a commercial motor vehicle leased for 30 days or less by an individual for the purpose of transporting goods for the individual’s personal use or for the carriage of passengers for no compensation,

(f) a commercial motor vehicle that is a historic vehicle within the meaning of section 1 of Regulation 628 of the Revised Regulations of Ontario, 1990 (Vehicle Permits) made under the Act and that has a vehicle permit for a historic vehicle,

(g) a pick-up truck that,

(i) is being used for personal purposes without compensation, and

(ii) is not carrying, or towing a trailer that is carrying, commercial cargo or tools or equipment of a type normally used for commercial purposes, or

(h) a bus that is used for personal purposes without compensation;

“operator” means,

(a) in the case of a commercial motor vehicle that is not a school purposes vehicle,

(i) the person directly or indirectly responsible for the operation of the vehicle, including the conduct of the driver of the vehicle and the carriage of goods or passengers, if any, in the vehicle, and

(ii) in the absence of evidence to the contrary, where there is no CVOR certificate, as defined in subsection 16 (1) of the Act, national safety code number under the Motor Vehicle Transport Act (Canada) or lease applicable to the vehicle, the holder of the plate portion of the permit for the vehicle,

(b) in the case of a school purposes vehicle,

(i) the person directly or indirectly responsible for the operation of the vehicle, including the conduct of the driver of the vehicle and the carriage of passengers in the vehicle, and

(ii) in the absence of evidence to the contrary, the holder of the plate portion of the permit for the vehicle. O. Reg. 199/07, s. 1 (1).

(2) In this Regulation,

“emergency vehicle” means,

(a) a road service vehicle operated by or on behalf of a road authority,

(b) a vehicle used by a person employed by or on behalf of a police force, or

“motor coach” means a bus of monocoque design, designed to provide intercity, suburban, commuter or charter service and equipped with air ride suspension, air brakes, automatic brake adjusters and under-floor baggage storage;

“pick-up truck” means a commercial motor vehicle that,

(a) has a manufacturer’s gross vehicle weight rating of 6,000 kilograms or less, and

(b) is fitted with either,

(i) the original box that was installed by the manufacturer, which has not been modified, or

(ii) a replacement box that duplicates the one that was installed by the manufacturer, which has not been modified;

“principal place of business”, for an operator, means the last known address of the operator appearing on the records of the Ministry;

“school purposes bus” means,

(a) a “school bus” as defined in section 175 of the Act, and

(b) a bus, other than a motor coach, operated by or under contract with a school board or other authority in charge of a school;

“school purposes vehicle” means a van or station wagon, while being operated by or under a contract with a school board or other authority in charge of a school, for the transportation of six or more adults with a developmental disability, six or more children or six or more persons from both categories. O. Reg. 199/07, s. 1 (2).

(3) For the purposes of Parts II and IV, a trailer converter dolly, if carrying a trailer, shall be considered part of that trailer. O. Reg. 199/07, s. 1 (3).

Prescribed major and minor defects

2. (1) The major defects are prescribed as defects for the purpose of subsection 107 (11) of the Act. O. Reg. 199/07, s. 2 (1).

(2) The minor defects are prescribed as defects for the purpose of subsection 107 (12) of the Act. O. Reg. 199/07, s. 2 (2).

Application to buses

3. This Regulation applies to buses, whether or not they are used for the transportation of persons. O. Reg. 199/07, s. 3.

Exemptions

4. (1) Subsections 107 (4) to (12) of the Act and Part II of this Regulation do not apply in respect of the following classes of vehicles, used in the following circumstances:

1. An emergency vehicle while responding to or returning from an emergency.

2. A commercial motor vehicle while providing relief from an earthquake, flood, fire, famine, drought, epidemic, pestilence or other disaster by transporting passengers or goods.

3. A two-axle or three-axle truck, bus or tractor, not drawing a trailer, that is primarily used to transport primary products of a farm, forest, sea or lake produced or harvested by the driver or the driver’s employer.

4. A bus that is operated by or on behalf of a municipality as part of the municipality’s public transit service, either within the municipality or within 25 kilometres of the boundary of that municipality.

5. A commercial motor vehicle being road-tested, for the purposes of repairs, within 30 kilometres of a repair facility where the vehicle is being repaired by the holder of a valid certificate of qualification as an automotive service technician or as a truck and coach technician issued under the Apprenticeship and Certification Act, 1998 or by an apprentice under that Act.

(2) In supplying a driver with the appropriate daily inspection schedule for each commercial motor vehicle and trailer that the driver will be driving or drawing, as required by clause 107 (4) (a) of the Act, an operator may supply the driver of a motor coach with either Schedule 2 or 3. O. Reg. 199/07, s. 5 (2).

(3) An operator may include additional information on a schedule to assist the person who will conduct the daily inspection. O. Reg. 199/07, s. 5 (3).

(4) An operator may delete a portion of a schedule respecting the inspection of a specific vehicle component if the vehicle to be inspected under that schedule is not required to have and does not have that component. O. Reg. 199/07, s. 5 (4).

(5) A schedule supplied to a driver need not include any note to the schedule that is set out in section 19 and that is applicable to that schedule. O. Reg. 199/07, s. 5 (5).

Daily inspections

6. (1) A daily inspection of a commercial motor vehicle or trailermust include an inspection of every system and component listed in Column 1 of the appropriate daily inspection schedule. O. Reg. 199/07, s. 6 (1).

(2) A daily inspection must be adequate to determine whether there is a major or minor defect as set out in the appropriate daily inspection schedule. O. Reg. 199/07, s. 6 (2).

(4) Despite subsection (3), a daily inspection of a motor coach in accordance with Schedule 3 is not valid unless an under-vehicle inspection of the motor coach has been conducted in accordance with Part III and is still valid. O. Reg. 199/07, s. 6 (4).

Daily inspection report

7. (1) The report completed when the daily inspection is completed must include the following:

1. The licence plate number and plate jurisdiction of the vehicle.

2. The operator’s name.

3. The date and time of the inspection.

4. The city, town, village or highway location where the inspection was conducted.

5. The printed name of the person who conducted the inspection.

6. For a commercial motor vehicle, the odometer reading of the vehicle.

7. Any major and minor defects found during the inspection or, if none were found, a statement that no major or minor defects were found.

8. A statement, signed by the person who conducted the inspection, that the vehicle was inspected in accordance with this Regulation. O. Reg. 199/07, s. 7 (1).

(2) If the driver of the commercial motor vehicle is not the person who conducted the daily inspection of the commercial motor vehicle or trailer, the driver shall sign the daily inspection report for the commercial motor vehicle or trailerbefore driving the commercial motor vehicle or drawing the trailer. O. Reg. 199/07, s. 7 (2).

8. (1) A driver shall monitor the condition of each commercial motor vehicle and trailerhe or she is driving, drawing or in charge of to detect the presence of a major or minor defect. O. Reg. 199/07, s. 8 (1).

(2) If a driver detects a major or minor defect while driving, drawing or in charge of a commercial motor vehicle or trailer, the driver shall notify the operator of the defect by any means of communication that is likely to come to the operator’s attention quickly, in addition to entering the defect on the daily inspection report as required by clause 107 (8) (a) of the Act. O. Reg. 199/07, s. 8 (2).

(3) A driver may continue to drive a commercial motor vehicle if the commercial motor vehicle or trailer drawn by it has a minor defect if he or she has entered the defect on the daily inspection report as required by clause 107 (8) (a) of the Act. O. Reg. 199/07, s. 8 (3).

Submission of daily inspection report

9. (1) A driver shall submit the completed daily inspection report to the operator as soon as possible after the inspection ceases to be valid and, in any event, no later than 20 days after the inspection ceases to be valid. O. Reg. 199/07, s. 9 (1).

(2) The completed daily inspection report must be submitted to the operator’s principal place of business or to another terminal or business address specified by the operator. O. Reg. 199/07, s. 9 (2).

(3) A daily inspection report of a commercial motor vehicle or trailer drawn by it is deemed to be submitted to the operator under this section if it is contained in a book of daily inspection reports that is kept in the commercial motor vehicle and to which the operator has regular access. O. Reg. 199/07, s. 9 (3).

(4) Subsection (3) applies only if the driver gave notice, in accordance with subsection 8 (2), of any major or minor defects he or she detected after the daily inspection was conducted. O. Reg. 199/07, s. 9 (4).

(5) A daily inspection report is considered to be completed for the purpose of this section if, in addition to the entries required by section 7, it contains a record of any major and minor defects detected by the driver after the daily inspection was conducted and entered by the driver as required by clause 107 (8) (a) of the Act. O. Reg. 199/07, s. 9 (5).

Submission of other notices, reports

10. (1) A driver shall submit to the operator any notice to submit to an inspection or inspection report issued under section 82, 82.1 or 216.1 of the Act or by an enforcement officer or government official of another jurisdiction. O. Reg. 199/07, s. 10 (1).

(2) The notices and reports shall be submitted to the operator’s principal place of business or another terminal or business address specified by the operator, as soon as possible and, in any event, no later than 20 days after the driver received the notice or report. O. Reg. 199/07, s. 10 (2).

(2) An under-vehicle inspection must include an inspection of every system and component listed in Column 1 of Schedule 4. O. Reg. 199/07, s. 11 (2).

(3) An under-vehicle inspection must be adequate to determine whether there is a defect as set out in Column 2 of Schedule 4. O. Reg. 199/07, s. 11 (3).

(4) An under-vehicle inspection must be conducted while the motor coach is positioned over a pit or is otherwise raised, in a manner that provides access to all the systems and components of the motor coach that must be inspected under Schedule 4. O. Reg. 199/07, s. 11 (4).

(5) Every defect detected in an under-vehicle inspection must be repaired for the under-vehicle inspection to be considered complete. O. Reg. 199/07, s. 11 (5).

(6) An under-vehicle inspection, if it is conducted in Ontario, is valid only if it is conducted by the holder of a valid certificate of qualification as a truck and coach technician issued under the Apprenticeship and Certification Act, 1998. O. Reg. 199/07, s. 11 (6).

(7) An under-vehicle inspection is valid until the 31st day after it is conducted or until the motor coach has been driven 12,000 kilometres, whichever occurs first. O. Reg. 199/07, s. 11 (7).

Under-vehicle inspection report

12. (1) The report completed when the under-vehicle inspection is completed must include the following:

1. The licence plate number and vehicle identification number of the motor coach.

2. The operator’s name.

3. The date of the inspection.

4. The address, including the city, town or village, where the inspection was conducted.

5. The printed name of the person who conducted the inspection.

6. The odometer reading of the motor coach at the end of the inspection.

7. A statement, signed by the person who conducted the inspection, that the motor coach was inspected in accordance with this Regulation and that at the end of the inspection, there are no defects listed in Column 2 of Schedule 4. O. Reg. 199/07, s. 12 (1).

(2) A person who conducts an under-vehicle inspection shall also record the following information in the record of the inspections and maintenance of and repairs to the vehicle required by paragraph 2 of subsection 16 (1):

1. Any defects listed in Column 2 of Schedule 4 found during the inspection or, if none were found, a statement that no such defects were found.

2. The nature of the repairs carried out, if any.

3. The brake adjustment measurements. O. Reg. 199/07, s. 12 (2).

(3) An operator shall give a driver the completed under-vehicle inspection report for each motor coach that the driver will be driving that day. O. Reg. 199/07, s. 12 (3).

Submission of under-vehicle inspection reports

13. (1) A driver shall submit to the operator the completed under-vehicle inspection report that is in his or her possession as soon as possible after the inspection ceases to be valid and, in any event, no later than 20 days after the inspection ceases to be valid. O. Reg. 199/07, s. 13 (1).

(2) The completed under-vehicle inspection report must be submitted to the operator’s principal place of business or to another terminal or business address specified by the operator. O. Reg. 199/07, s. 13 (2).

PART IV PERFORMANCE STANDARDS

Performance standards

14. (1) The following performance standards are prescribed as vehicle component performance standards for the purpose of subsection 107 (3) of the Act:

1. The requirements of Regulation 587 of the Revised Regulations of Ontario, 1990 (Equipment) made under the Act.

2. The requirements of Regulation 612 of the Revised Regulations of Ontario, 1990 (School Buses) made under the Act.

3. The performance standards set out in Schedules 1, 2 and 4 of Regulation 611 of the Revised Regulations of Ontario, 1990 (Safety Inspections) made under the Act.

16. (1) An operator shall keep the following records, in respect of each commercial motor vehicle, trailer and trailer converter dolly operated by the operator:

1. Identification records for the vehicle, including,

i. the vehicle’s unit number, if any,

ii. the vehicle’s year and make,

iii. the vehicle’s vehicle identification number, and

iv. if the vehicle is not owned by the operator, the name of the person that supplies the vehicle to the operator, and the first and last dates on which the vehicle was operatedby the operator.

2. A record of the inspections and maintenance of and repairs to the vehicle, including,

i. the nature of the inspections, maintenance and repairs,

ii. the name of the person who conducted each inspection and performed each maintenance or repair,

iii. if an inspection, maintenance or repair was conducted or performed by someone other than the operator or a person employed by the operator, the invoice or other record of the inspection, maintenance or repair provided by the person who conducted or performed it,

iv. if a part was purchased and used in maintenance or in a repair, the invoice or receipt for the part, and

v. if the vehicle has an odometer, the odometer reading of the vehicle at the end of the inspection, maintenance or repair.

3. The types and frequency of inspections and maintenance required to be carried out on the vehicle under the operator’s system of periodic inspections and maintenance.

4. A record of any axle or suspension modifications of the vehicle that affect the manufacturer’s gross vehicle weight rating or gross axle weight rating.

5. Copies of safety standards certificates and annual inspection certificates issued in respect of the vehicle, and copies of equivalent documents from other jurisdictions issued in respect of the vehicle.

6. In the case of a motor coach, every under-vehicle inspection report for the motor coach submitted to the operator under section 13.

7. Copies of the notices and reports submitted to the operator under section 10. O. Reg. 199/07, s. 16 (1).

(2) An operator shall retain the records described in subsection (1) for at least two years or, if a record relates to a vehicle that ceases to be operated by the operator, for six months after the vehicle ceases to be operated by the operator, whichever period is shorter. O. Reg. 199/07, s. 16 (2).

Records kept at operator’s business

17. Any record or document that an operator is required by this Regulation to keep shall be kept at the operator’s principal place of business or another terminal or business address of the operator. O. Reg. 199/07, s. 17.

Electronic records

18. (1) Any record or document that is required to be created, kept or surrendered by section 107 of the Act or this Regulation may be made, kept or surrendered in electronicformat if it meets the requirements of this section. O. Reg. 199/07, s. 18 (1).

(2) An electronic record or document must meet every requirement of section 107 of the Act and of this Regulation, except that it is not required to have a signature. O. Reg. 199/07, s. 18 (2).

(3) Upon demand of a police officer or officer appointed for the purpose of carrying out the provisions of the Act, a driver who carries a daily inspection report, under-vehicle inspection report or inspection schedule in electronic format shall produce, at the driver’s option,

(a) an electronic display of the report or schedule, that is readable from outside the vehicle;

(b) a printed copy of the report or schedule, signed by the driver; or

(c) a handwritten copy of the report or schedule, signed by the driver. O. Reg. 199/07, s. 18 (3).

(4) Despite section 17, an operator may keep a record or document that is in electronic format at any place if it can be readily accessed by the operator from the operator’s principal place of business in a format that would allow a printed copy of the record or document to be generated as required by subsection (5). O. Reg. 199/07, s. 18 (4).

(5) Upon demand of a police officer or officer appointed for the purpose of carrying out the provisions of the Act, an operator who has in their possession a record or document in electronic format shall generate a printed copy of the report or document, signed by the person who makes the copy. O. Reg. 199/07, s. 18 (5).

PART VI NOTES TO THE SCHEDULES

Notes to the schedules

19. The following notes apply to the schedules to this Regulation:

1Adjustment limits are in section 5 of Regulation 587 of the Revised Regulations of Ontario, 1990 (Equipment) made under the Act.

2Limit is prescribed by Schedule 1 to Regulation 611 of the Revised Regulations of Ontario, 1990 (Safety Inspections) made under the Act.

3Cargo securement device and load covering requirements are prescribed by section 111 of the Act and by Ontario Regulation 363/04 (Security of Loads) made under the Act and Regulation 577 of the Revised Regulations of Ontario, 1990 (Covering of Loads) made under the Act.

4Prescribed limit is 12.7 mm of fore and aft horizontal movement between the upper and lower halves of the fifth wheel assembly.

5Requirements are under the Dangerous Goods Transportation Act and the Transportation of Dangerous Goods Act, 1992 (Canada).

6Mirror requirements are in section 66 of the Act.

7View requirements are in sections 66 and 74 of the Act and in section 1 of Schedule 1 to Regulation 611 of the Revised Regulations of Ontario, 1990 (Safety Inspections) made under the Act.

8Lamp requirements are in section 62 of the Act.

9Reflector requirements are in section 103 of the Act.

10Limit is prescribed by Schedule 1 to Regulation 611 of the Revised Regulations of Ontario, 1990 (Safety Inspections) made under the Act.

11Wear limit is prescribed by section 3 of Regulation 625 of the Revised Regulations of Ontario, 1990 (Tire Standards and Specifications) made under the Act.

12Emergency exit requirements are in section 25 of the Public Vehicles Act.

13Interior lamp requirements are in section 20 of Regulation 982 of the Revised Regulations of Ontario, 1990 (General) made under the Public Vehicles Act.

14Passenger and mobility device restraints requirements are in section 106 of the Act and in sections 6 and 7 of Regulation 629 of the Revised Regulations of Ontario, 1990 (Vehicles for the Transportation of Physically Disabled Passengers) made under the Act.

15As required by manufacturer’s specifications.

16View requirements are in section 74 of the Act and in section 1 of Schedule 1 to Regulation 611 of the Revised Regulations of Ontario, 1990 (Safety Inspections) made under the Act.

17Alarm requirements are in section 2 of Regulation 612 of the Revised Regulations of Ontario, 1990 (School Buses) made under the Act.

18Fire extinguisher requirements are in sections 2 and 4 of Regulation 612 of the Revised Regulations of Ontario, 1990 (School Buses) made under the Act.

19First aid kit requirements are in sections 2 and 3 of Regulation 612 of the Revised Regulations of Ontario, 1990 (School Buses) made under the Act.

20Sticker requirements are in section 10 of Regulation 611 of the Revised Regulations of Ontario, 1990 (Safety Inspections) made under the Act.

21Interior and exterior lamp requirements are in section 62 of the Act and in sections 2 and 4 of Regulation 612 of the Revised Regulations of Ontario, 1990 (School Buses) made under the Act.

22View requirements are in section 66 of the Act and in section 3 of Regulation 612 of the Revised Regulations of Ontario, 1990 (School Buses) made under the Act.

23Passenger and mobility device restraint system requirements are in section 106 of the Act and in sections 6 and 7 of Regulation 629 of the Revised Regulations of Ontario, 1990 (Vehicles for the Transportation of Physically Disabled Passengers) made under the Act and section 2 of Regulation 612 of the Revised Regulations of Ontario, 1990 (School Buses) made under the Act.